36C24421R0018.pdf

1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES

4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER

7. ISSUED BY CODE 8. ADDRESS OFFER TO

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES," indicate within how many calendar days after award in Item 12B.)

12b. CALENDAR DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

STANDARD FORM 1442 (REV. 8/2014) STANDARD FORM 1442

Prescribed by GSA-FAR (48 CFR) 52.236-1(d)

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair)

SOLICITATION SOLICITATION

IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR INFORMATION

CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SEALED BID (IFB)

NEGOTIATED (RFP)

11. The Contractor shall begin performance within ____________ calendar days and complete it within ____________ calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See _____________________________).

YES NO

a. Sealed offers in original and ___________________copies to perform the work required are due at the place specified in Item 8 by _____________ (hour) local time _____________________ (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, the date and time offers are due.

b. An offer guarantee is, is not required.

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than _______________________ calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

1 84

36C24421R0018

X

12-04-2020

595-21-1-1110-0002

595-667

00244

Department of Veterans Affairs Network Contracting Office 4 1010 Delafield Road

Pittsburgh PA 15215

Department of Veterans Affairs Network Contracting Office 4 1010 Delafield Road Attn: Angelamarie Scott - CO Pittsburgh PA 15215

Angelamarie Scott 412-537-0027

Project Number 595-667 Renovation of Main Laboratory B1, VAMC Lebanon, 1700 S Lincoln Ave, Lebanon, PA 17042 Award is subject to the availability of funds.

This work consists of, but not limited to, the following: Provide all labor, materials, tools, equipment, permits, testing, and required reports to renovate 4,750 square feet(SF) of the existing main laboratory in Building 1 and construct a new 6,900 SF addition on the south side of Building 1 as defined by the drawings and specifications. The project shall add a single-story addition between A and B wings on the southern side of Building 1 and renovate the west on the ground fllor. A Mechanical Basement is included for the air handling units and other mechanical and plumbing items. The roof is designed as a "green Roof" and shall contain a roof top garden using a shallow pre-planted module container system that would be set on top of the Ethylene Propylene Diene Monomer (EPDM) roof.

The solicitation is being issued as a Request for Proposal (RFP) conducted in accordance with Federal Acquisition Regulation (FAR). The North American Industry Classification System (NAICS) Code for this procurement is 236220.

with a small business size standard of $39.5 million. The Magnitude of Construction cost is between $1,000,000 and $5,000,000.

A pre-bid conference/site visit will be conducted for this requirement on Monday, December 14th at 11:00 AM.

See: 52.236-27 SITE VISIT (CONSTRUCTION). Points of Contact for Site Visit is Nick Bierman, COR. All Contractors are to meet at Building 1, South Entrance.

All amendments, questions and Government responses will be posted to the beta.SAM.gov website.

Guarantee Period Services are not included.

All contractors must follow instructions to offerors for RFP to be accepted.

All proposal are due by 1:00 PM EST on Thursday, January 7, 2021.

Commercial delivery service recommended to track/verify receipt as all hand carried packages may not be signed for by the Contracting Officer/Contracting Officer Representative.It is the offeror's responsibility to guarantee receipt on or before date/time indicated.

A Bid Bond is required with the proposal package.

Liquidated Damages of $560,00 a day will be calculated for each day after contract completion date until contract is completed and accepted.

15 365

X 52.211-10

X 15

1 1:00 PM

01-07-2021

14. NAME AND ADDRESS OF OFFEROR 15. TELEPHONE NUMBER

16. REMITTANCE ADDRESS

CODE FACILITY CODE

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of the solicitation, if this offer is accepted by the Government in writing within __________ calendar days after the date offers are due.

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

AMENDMENT

NUMBER

DATE.

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER 20b. SIGNATURE 20c. OFFER DATE

21. ITEMS ACCEPTED:

22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA

24. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO 10 U.S.C. 2304(c)( ) 41 U.S.C. 3304(a) ( )

26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY

PHONE: FAX:

28. NEGOTIATED AGREEMENT 29. AWARD Your Contractor agrees offer on this solicitation is hereby accepted as to the items listed. This to furnish and deliver all items or perform all work requirements identified award consummates the contract, which consists of (a) the Government on this form and any continuation sheets for the consideration stated in solicitation and your offer, and (b) this contract award. No further cont-this contract. The rights and obligations of the parties to this contract ractual document is necessary.

shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED 31a. NAME OF CONTRACTING OFFICER

TO SIGN

30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. AWARD DATE

BY

OFFER

AWARD

STANDARD FORM 1442 (REV. 8/2014) BACK

(Include ZIP Code) (Include area code)

(Include only if different than Item 14.)

(Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

(Type or print)

(4 copies unless otherwise specified)

(Type or print) (Type or print)

(Contractor is required to sign this document and return _______ copies to issuing office.)

(Contractor is not required to sign this document.)

(Must be fully completed by offeror)

(To be completed by Government)

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

00244

Department of Veterans Affairs Network Contracting Office 4

Austin Payment Center Department of Veterans Affairs

PO Box 149971 Austin TX 78714-9971

(877) 353-9791 (512) 460-5429

Table of Contents

PART I - THE SCHEDULE

SECTION A - SOLICITATION/CONTRACT FORM

A.1 SF 1442 SOLICITATION, OFFER, AND AWARD (Construction, Alteration, or Repair)

A.2 SF 1442 SOLICITATION, OFFER, AND AWARD (CONSTRUCTION,

ALTERATION, OR REPAIR)– BACK

A.3 DELIVERY SCHEDULE

VA INFORMATION CUSTODIAL LANGUAGE

INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE

SECURITY INCIDENT INVESTIGATION

LIQUIDATED DAMAGES FOR DATA BREACH

TRAINING

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE AND BONDS

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO BIDDERS/OFFERORS

INSTRUCTIONS TO OFFERORS

2.1 52.215-20 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND

DATA OTHER THAN CERTIFIED COST OR PRICING DATA (OCT 2010)

2.2 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS—SECONDARY SITE

OF THE WORK (MAY 2014)

2.3 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT—CONSTRUCTION

MATERIALS (MAY 2014)

2.4 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE

EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

2.5 52.216-1 TYPE OF CONTRACT (APR 1984)

2.6 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2019-01)

2.7 52.223-4 RECOVERED MATERIAL CERTIFICATION (MAY 2008)

2.8 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT

FOR EPA-DESIGNATED ITEMS (MAY 2008)

2.9 52.228-1 BID GUARANTEE (SEP 1996)

2.10 52.233-2 SERVICE OF PROTEST (SEP 2006)

2.11 52.236-27 SITE VISIT (CONSTRUCTION) (FEB 1995) ALTERNATE I (FEB

1995)

2.12 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

2.13 52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)

2.14 VAAR 852.228-72 ASSISTING SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESSES IN OBTAINING BONDS (DEC 2009)

2.15 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

2.16 VAAR 852.223-70 INSTRUCTIONS TO OFFERORS—SUSTAINABLE

ACQUISITION PLAN (SEP 2019)

2.17 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE

RESOLUTION (OCT 2018)

REPRESENTATIONS AND CERTIFICATIONS

3.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020) ..36

3.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

3.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

3.4 52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS—

CERTIFICATION (JUL 2020)

GENERAL CONDITIONS

4.1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

4.2 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE,

AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER

COVERED ENTITIES (JUL 2018)

4.3 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK

(APR 1984) ALTERNATE I (APR 1984)

4.4 52.211-12 LIQUIDATED DAMAGES—CONSTRUCTION (SEPT 2000)

4.5 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION

(MAY 2020)

4.6 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

4.7 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN

2020)

4.8 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT (DEC 2010)

4.9 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER

SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013)

4.10 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY

DATA (JAN 1997) ALTERNATE I (JUL 1995)

4.11 52.223-20 AEROSOLS (JUN 2016)

4.12 52.223-21 FOAMS (JUN 2016)

4.13 52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)

4.14 52.244-2 SUBCONTRACTS (JUN 2020)

4.15 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)

4.16 SUPPLEMENTAL INSURANCE REQUIREMENTS

4.17 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

4.18 52.219-14 LIMITATIONS ON SUBCONTRACTING (MAR 2020)

4.19 VAAR 852.211-72 TECHNICAL INDUSTRY STANDARDS (NOV 2018)

4.20 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

4.21 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

4.22 VAAR 852.223-71 SAFETY AND HEALTH (SEP 2019)

4.23 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (OCT 2018)

4.24 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

4.25 VAAR 852.236-71 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION

(APR 2019)

4.26 VAAR 852.236-72 PERFORMANCE OF WORK BY THE CONTRACTOR (APR

2019) ALTERNATE I (APR 2019)

4.27 VAAR 852.236-79 CONTRACTOR PRODUCTION REPORT (APR 2019)

4.28 VAAR 852.236-80 SUBCONTRACTS AND WORK COORDINATION (APR 2019)

4.29 VAAR 852.242-70 GOVERNMENT CONSTRUCTION CONTRACT

ADMINISTRATION (OCT 2020)

4.30 VAAR 852.243-70 CONSTRUCTION CONTRACT CHANGES—SUPPLEMENT

(SEP 2019)

4.31 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN

2008)

4.32 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

4.33 VAAR 852.228-70 BOND PREMIUM ADJUSTMENT (JAN 2008)

4.34 VAAR 852.232-71 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION

CONTRACTS (INCLUDING NAS– CPM) (NOV 2018)

4.35 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..83

4.36 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

ITEM

NUMBE

R

DESCRIPTION OF

ITEMS/SERVICES

QUANTIT

Y UNIT UNIT PRICE AMOUNT

Minor Construction Project to Providing all labor, materials, tools, equipment, permits, testing, and required reports to renovate 4,750 square feet (SF) of the existing main laboratory in Building 1 and construct a new 6,900 SF addition on the south side of Building 1, as defined by the drawings and specifications.

The exterior work shall include construction of a single-story addition. The interior work consists of primarily construction of floors, walls, ceilings, lights, alarm systems, fire suppression, plumbing, cameras/security system, information technology cabling, electrical, system controls, doors, signage, stairs, pipes, welding, concrete, installation of heating, ventilation, and air conditioning (HVAC), medical gases, and other associated work as shown on drawings and specifications.

All work will be completed in Phases in accordance with the specifications and drawings.

1.00

JB

GRAND

TOTAL FOR

PROJECT

A.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY

DELIVERY

DATE

0001 1 365 DAYS

AFTER NTP

Statement of Work

Expand Laboratory

Lebanon VA Medical Center

Contract Completion: 365 Days after Notice to Proceed

Overview of Project. Project is to be completed as defined by the specification and drawings.

1. The scope of work shall consist of, but is not limited to the following: Providing all labor, materials, tools, equipment, permits, testing, and required reports to renovate 4,750 square feet (SF) of the existing main laboratory in Building 1 and construct a new 6,900 SF addition on the south side of Building 1, located at the Lebanon VA Medical Center, 1700 South Lincoln Ave., Lebanon, PA as defined by the drawings and specifications. The project shall add a single-story addition between A and B wings on the southern side of Building 1 and renovate the western wing on the ground floor. A Mechanical Basement is included for the air handling units and other mechanical and plumbing items. The roof is designed as a “Green Roof” and shall contain a roof top garden using a shallow pre-planted module container system that would be set on top of the Ethylene Propylene Diene Monomer (EPDM) roof.

2. The exterior work shall include construction of a single-story addition. The construction of the addition shall require new utilities, erosion control, traffic control, site security, masonry work, placement of structural steel, concrete, asphalt and associated structural, horizontal, vertical work, among other trades, as shown on drawings and specifications.

3. The interior work consists of primarily construction of floors, walls, ceilings, lights, alarm systems, fire suppression, plumbing, cameras/security system, information technology cabling, electrical, system controls, doors, signage, stairs, pipes, welding, concrete, installation of heating, ventilation, and air conditioning (HVAC), medical gases, and other associated work as shown on drawings and specifications.

Security:

VA Handbook 6500.6 Appendix C requirements are included into this solicitation and contract:

3a, 3j, 3k, 5f, 5g, 6a, 6b, 6c, 6d, 7a, 7b, 7c, 7d, 9 (all sub-paragraphs)

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE,

OR USE

f. VA prohibits the installation and use of personally-owned or contractor/subcontractor- owned equipment or software on VA’s network. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW or contract. All of the security controls required for government furnished equipment (GFE) must be utilized in approved other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA-approved antivirus (AV) software and a personal (host-based or enclave based) firewall that is configured with a VA- approved configuration. Software must be kept current, including all critical updates and patches.

Owners of approved OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE.

g. All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA Handbook 6500.1, Electronic Media Sanitization upon: (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the contractor/subcontractor or any person acting on behalf of the contractor/subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.) used by the contractors/subcontractors that contain VA information must be returned to the VA for sanitization or destruction or the contractor/subcontractor must self-certify that the media has been disposed of per

6500.1 requirements. This must be completed within 30 days of termination of the contract.

6. SECURITY INCIDENT INVESTIGATION

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach.

Notifications need to be made in accordance with the executed business associate agreement.

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

7. LIQUIDATED DAMAGES FOR DATA BREACH

a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

b. The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

c. Each risk analysis shall address all relevant information concerning the data breach, including the following:

(1) Nature of the event (loss, theft, unauthorized access);

(2) Description of the event, including:

(a) date of occurrence;

(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected;

(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

(6) Amount of time the data has been out of VA control;

(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

(8) Known misuses of data containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals;

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of

Security and Privacy Incidents, as appropriate; and

(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $47.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification;

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

(3) Data breach analysis;

(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible;

and

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

9. TRAINING

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;

(2) Successfully complete the VA Cyber Security Awareness and Rules of

Behavior training and annually complete required security training;

(3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

(4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]

b. The contractor shall provide to the contracting officer and/or the COTR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

Records Management Language for Contracts

When Federal agencies acquire goods or services, they need to determine what Federal records management requirements should be included in the contract. Federal contractors often create, send, or receive Federal records. Federal contracts should provide clear legal obligations describing how the contract employees must handle Federal records.

Agency records officers, procurement counsel, and acquisitions officers must discuss how to integrate records management obligations into their existing procurement processes. NARA has developed the following language to be included as an agency-specific term and condition in Federal contracts for a variety of services and products. The majority of contracts should include language on records management obligations, but each contract should be evaluated individually.

For example, the data-rights paragraph (Paragraph 10 below) may not be appropriate for all contracts. Instead, agencies may be better served by one of the established data-rights clauses in the Federal Acquisition Regulations.

This language should not replace specific records management requirements included within Federal information system contracts.

RECORDS MANAGEMENT OBLIGATIONS

A. Applicability

This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions

“Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. Includes [Agency] records.

2. Does not include personal materials.

3. Applies to records created, received, or maintained by Contractors pursuant to the

Department of Veterans Affairs contract.

4. May include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. The Department of Veterans Affairs and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation.

Records may not be removed from the legal custody of Department of Veterans Affairs or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to Department of Veterans Affairs. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected.

The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to Department of Veterans Affairs control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and Department of Veterans Affairs guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with Department of Veterans Affairs policy.

8. The Contractor shall not create or maintain any records containing any non-public Department of Veterans Affairs information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The Department of Veterans Affairs owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S.

Government for which Department of Veterans Affairs shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take Department of Veterans Affairs-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.

INFORMATION REGARDING BIDDING MATERIAL, BID GUARANTEE

AND BONDS

(a) Bidding materials consisting of drawings, specifications and contract forms may be obtained by general (prime) contractors interested in submitting bids direct to the Department of Veterans Affairs and by suppliers and subcontractors for their use in preparing sub-bids for general (prime) contractors from the Federal Business Opportunities (Beta.SAM.gov) website at https://beta.sam.gov/ under solicitation number 36C24421R0018. By registering at Beta.SAM.gov, prime contractors, suppliers and subcontractors will have access to download plans, specifications and amendments.

(b) A Bid Guarantee is required for this solicitation. A bid guarantee is required in an amount not less than 20 percent of the bid price but shall not exceed $3,000,000.00 Bid Bond is to be executed on a SF 24. Failure to furnish the required bid guarantee on the proper form and amount, by the time set for the opening of bids, will require rejection of the bid in all cases except those listed in FAR 28.101-4, and may be cause for rejection even then.

(c) The bidder to whom award is made will be required to furnish two (2) bonds, a

Payment Bond to be executed on the SF 25A and a Performance Bond to be executed on the proper SF 25, each in the penal sum as noted in the General Conditions of the Specification. Copies of the SF 25 and SF 25A can be obtained upon application to the issuing office.

(d) Disclosure of the magnitude of construction: Between $1,000,000 and $5,000,000

INSTRUCTIONS, CONDITIONS AND OTHER STATEMENTS TO

BIDDERS/OFFERORS

INSTRUCTIONS TO OFFERORS

PROCEDURES FOR SUBMITTAL OF OFFERS AND PROPOSAL EVALUATION

CRITERIA

1. Overview.

1.1 The intent of this solicitation is to select one (1) contractor to provide professional construction services in accordance with the Statement of Work (SOW), drawings, and specifications for the Project 595-667 Expand Lab, Solicitation 36C24421R0018.

1.2 The Government intends to use the “Best Value” tradeoff process source selection approach in accordance with FAR 15.101-1. Award will be made to the responsive responsible offeror whose offer in conformance with this solicitation, results in the best value to the Government, price plus other factors considered. The Contracting Officer will award a firm fixed price contract to the responsive responsible offeror whom the Source Selection Authority (SSA) determines conforms to the solicitation, is fair and reasonable and offers the best overall value to the Government, all factors considered. The Government reserves the right to accept other than the lowest priced offer or to reject all offers. Setting aside for a Service-Disabled Veteran Owned Small Business (SDVOSB) firm is in compliance with regulations to meet our goals and fulfill the VA’s mission to meet socioeconomic goals.

2. Submittal of offers.

2.1 Offerors submitting proposals for this project should limit submissions to data essential for evaluation of proposals, so that a minimum of time and monies will have been expended in preparing information required herein. However, in order to be effectively and equitably evaluated, the proposals must include information sufficiently detailed to clearly describe the offeror's experience, technical approach, and management capabilities to successfully complete the project. Proposals should follow in the order of sequence set forth in the Request For Proposal (RFP). Information provided out of sequence may not be evaluated and may result in the offeror's disqualification from award. Requirements stated in this RFP are minimums. Innovative, creative or cost-saving proposals that meet or exceed the requirements should be clearly noted and justified in the proposal.

2.2 Offerors shall comply with the detailed instructions for the format and content of the proposal; proposals that do not comply with the detailed instructions for the format and content of the proposal may be considered non-responsive and may render the Offeror ineligible for award.

2.3 All proposal materials shall be submitted in binders with a table of contents and tabbed section dividers. The sections should parallel the submission requirements identified below.

Volume I: Sections 1 – 2 Volume I: Sections 1-2 shall be submitted in original and three (3) copies (with one copy to be mailed to the CO). Also, a compact disk (CD) containing all the information for Volume I shall also be submitted to the Contracting Officer.

Proposals must be typed using 11- point Times New Roman font. Packages that are handwritten will not be evaluated. Failure to place the required submission information under the appropriate tab (factor or sub factor) and format may result in a lower rating if the evaluators cannot readily find the appropriate information.

Volume II: Section 3 Volume II: Section 3 shall be submitted as an original only, and shall be placed in a separate envelope, included in the proposal package to the CO.

2.4 All proposals (Three (3) hard copies without pricing and one (1) CD without pricing) shall be submitted to:

VAMC Lebanon COR ATTN: Hien Vu/Nick Bierman Address: 1700 South Lincoln Ave.

Lebanon PA, 17042

One (1) copy proposal with pricing in separate envelope and one (1) CD with pricing shall be submitted to:

Contracting Officer ATTN: Angelamarie Scott

Address: 1010 Delafield Road Building 32, Code 90-A Pittsburgh, PA 15215

3. Proposal Evaluation Process.

3.1 A Source Selection Evaluation Board (SSEB) comprised of representatives of the

Department of Veterans Affairs will evaluate the proposals. SSEB may also include Architect and Engineering firm non-voting members. The identities of the SSEB personnel are confidential, and any attempt by the offerors to contact these individuals is prohibited. The evaluation will be based on the content of the proposal and any subsequent discussions, if necessary, as well as information obtained from other sources, e.g. past performance information. Offerors are advised that the technical evaluation and rating of proposals will be conducted in strict confidence in that technical and past performance proposals are reviewed and rated without knowledge of the price offered.

During deliberation, the number and identities of offerors are not revealed to anyone who is not involved in the evaluation and award process or to other offerors. Proposals will be evaluated based on the factors described herein, and award will be made to the responsive responsible offeror whose offer in conformance with this solicitation, results in the best value to the Government, price and other factors considered.

3.2 The evaluation process essentially consists of three (3) parts: Technical, Past Performance and Price Evaluation.

3.2.1 Technical and Past Performance Evaluation: Volume 1 proposals will be evaluated against the Evaluation Factors and Criteria as identified in paragraphs below.

3.2.2 Price Evaluation: After the SSEB completes the Technical and Past Performance evaluation the CO will evaluate Volume II price proposals, and later, provide pricing for the SSEB to perform the Best Value evaluation recommendation. At that time, the CO/SSA shall make the final determination.

NOTE: Price/Technical Trade-off Analysis: After all the above evaluations are complete, the Source Selection Authority (SSA) will compare the relative advantages and disadvantages of technical proposals and weigh against the prices. Statement of Work (SOW) identifies project scope. The (SSA) will then consider all factors to select the proposal offering the best value to the Government.

4. Evaluation Factors

4.1 Proposals will be evaluated in accordance with the Evaluation Factors identified below. Technical Capability and Past Performance are weighed equally and, when combined, are significantly more important than Price.

Evaluation Factor 1 – Technical Capability Evaluation Factor 2 – Past Performance Evaluation Factor 3 – Price

4.2 As demonstrated in their proposals, Offerors shall be evaluated in terms of the Offeror’s ability to meet or exceed the project’s requirements as identified in the SOW, and those proposals demonstrating an ability to exceed specified requirements may be rated higher in those areas than proposals demonstrating only the ability to meet requirements. Offerors are reminded to include their best technical and price terms in their initial offer and not automatically assume that they will have an opportunity to participate in discussions or be asked to submit a revised offer. The Government intends to make award to a responsible Offeror submitting a conforming proposal without discussions, if deemed to be in the best interest of the Government.

4.3 Volume I - Technical Proposal (Three-Ring Binder)

Section 1 Technical Capability Section 2 Past Performance

4.4 Volume II - Price Proposal

Section 3 Standard Form 1442, Proposal Pricing Page, and any additional submissions such as Certs and Reps and Bonding.

5. Evaluation Guidance: Technical Approach and Past Performance are weighed equally and, when combined, are significantly more important than Price.

5.1 Evaluation Factor 1 – Technical Capability:

Provide a clear and concise narrative not to exceed 25 pages (front and back side use of a single page will count as 2 pages). This page limit excludes the Organizational Chart (with brief relevant details of individuals’ experiences/qualifications), Tentative Schedule, Quality Control Plan synopsis, Safety Plan synopsis, and Infection Control Plan synopsis. Company advertising literature shall not be included. The sub-factors, listed under Evaluation Factor 1, are of equal importance. An overall rating will be assigned at the Factor Level solely based on all reviewers’ ratings. The Government will evaluate the offeror’s answers for information and completeness, and offerors not submitting required information may not be considered for evaluation or award. The narrative shall address the following three (3) sub-factors.

a. Experience

b. Capability

c. Quality Control

a) Experience:

Using the information on the projects/contracts discussed and listed in Exhibit A, Past Performance Relevancy Questionnaire, the Government will evaluate the quality and extent of related experience. Offeror needs to detail experience in managing construction projects of similar size and scope, to detail the quality and extent of related experience and to show the offeror has the required experience to manage construction projects comparable to the work requirements of this solicitation.

b) Capability:

The Government will evaluate the offeror’s information concerning overall organization. Organizational charts with brief relevant details of individual experiences/qualifications, as well as the number of personnel and the assigned duties of proposed technical staff will be evaluated to determine if offeror has the ability to manage multi-discipline projects within the areas of consideration chosen without significant difficulty. Offeror shall provide, as an attachment, an Organizational Chart listing company personnel and their roles. Provide names, duties and levels of responsibility of key personnel to include: Project Manager, Site Superintendent(s), Quality Control Manager, Safety Manager and Infection Control Manager. Indicate to whom the Quality Control, Safety and Infection Control Managers will report to. In addition, contractor shall provide a list of the in-house trades that the selected contractor employs. Provide the number (not names) of these employees and if they are full-time, part-time etc. Offeror should detail their capabilities in managing projects of similar size and scope and disciplines needed to accomplish this project. The specific criteria proposed (skill levels and background) for personnel, if adequate, is an indicator of an acceptable organization. Offeror needs to detail plans for how to respond to potentially short notice site visits/proposal meetings (normally within two calendar days but potentially as short as two hours). How will contractor ensure compliance with these requirements?

The proposed subcontractors, applicable for multi-discipline consideration, are verifiable and information provided indicates a good professional relationship with Iron Workers, Electricians, HVAC Specialists, Carpenters, Plumbers, Masons, etc. Subcontractors shall have completed Exhibit B, Subcontractor Information and Consent form. In addition, Exhibit C, calculations of self-performed work, must be completed and submitted, in accordance with FAR 52.219-14, limitations on subcontracting.

The offeror shall submit information concerning scheduling methodology to determine if they have scheduling processes that ensure completion and control of the project from beginning to the end. Adequate scheduling processes are necessary to ensure completion and control of the project throughout the duration.

Offeror must provide an organizational chart and tentative schedule that including a timeline for major features or events of work. In addition, please identify the person responsible for ensuring the schedule is met (ex. Project Manager).

Also note any improvements exceeding the RFP requirements or betterments provided, including an explanation of proposed systems, as outlined in SOW. A detailed SOW is provided within the Specification and Drawing package.

c) Quality Control:

The Government will evaluate the offeror’s technical capability concerning proposed quality control activities and proposed safety program, including, but not limited to, training and documentation for compliance with the solicitation requirements. Offeror shall provide a quality control plan synopsis, safety plan synopsis, and infection control plan synopsis.

Offers shall discuss how quality issues will be dealt with on this construction project. Provide the names of testing laboratories to be used and the procedures for test data reporting. Discuss your procedures for contract closeout.

Offers shall discuss their Safety Programs in general, and provide, as a Minimum, details on training, documentation, and any plans to ensure adherence to OSHA Standards. Discuss the steps taken to promote safety during construction within the past five (5) years. Provide a certification that the offeror has no more than three (3) serious, or one (1) repeat or one

(1) willful OSHA or any EPA violation(s) in the past three (3) years. If the number exceeds the criteria listed, explain why? Offerors shall submit their current EMR rating. EMR rating should be less than or equal to 1.0. If the number exceeds the criteria listed, explain why?

Offers shall discuss their ability to comply with the requirements of The Infection Control Manual of the Medical Center.

Evaluation Criteria

The Narrative will be evaluated for completeness, thoroughness, and functionality. Pages beyond the limited specified in paragraph 5.1will not be read or evaluated.

5. 2 Evaluation Factor 2 – Contractor’s Past Performance

Submission Requirements: Contractor Past Performance – Project Recency and Relevancy

The VA requests three (3) construction projects that best illustrate the prime contractor and subcontractor’s team qualifications completed within the past five (5) years. This documentation shall be submitted in accordance with Exhibit A, Past Performance Relevancy Questionnaire. The document should be written to show the team’s construction performance and qualifications with respect to Expanding the Laboratory construction for both new and renovation construction projects of a similar construction complexity and cost. The past performance sections shall not exceed four (4) pages and shall be rated based on recent and relevant project submittals. Please provide:

1) Project description, at a minimum, the description should include scope, size and dollar value of the project to determine recent and relevant past performance. The description can include photographs.

2) Show the participation of key personnel (identified previously with resume)…